The Swiss Federal Supreme Court has published a landmark decision for all list hospitals in the case “Government Council of the Canton of Zurich v. GZO AG”.
The question was whether GZO AG (Wetzikon Hospital and Rescue Service) was subject to public procurement law or not. The Federal Supreme Court holds fast:
„In summary, it must be stated that the hospital planning and list procedure is not capable of ensuring that the complainant makes economic purchases (see E. 4.5.1hiervor). Due to its position as a list hospital, it has financial advantages over hospitals that operate outside the cantonal lists of hospitals that do not always guarantee the performance of economic procurements. […] Thus, the complainant does not carry out any commercial activity in the sense of procurement law as a result and is regarded as a public law institution within the meaning of footnote 1 in Annex 1, Annex 3 (in conjunction with point 3 of Annex 1, Annex 2) GPA”.
This decision is likely to be groundbreaking for all list hospitals.
On its own account:
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Blog Picture: Swiss Federal Supreme Court(https://www.bger.ch/index/contact/contact-inherit-template/contact-federal-besuch/contact-federal-virtual-tour.htm)